What are the legal rights for parenthood for LGBTQ couples?

On Behalf of | Dec 28, 2022 | Child Custody |

Many Illinois residents dream of becoming parents. Some couples and individuals, including members of the LGBTQ community, need assistance in that area. These are the legal rights of LGBTQ couples on their path to parenthood.


Many children need loving homes, but just like any other prospective parents, LGBTQ couples must pass evaluations to ensure that they’re good candidates for adoption. However, some states allow discrimination against members of the LGBTQ community, so couples should consider adopting in Illinois or other states where LGBTQ family law ensures that adoption is legal.

Foster care holds similar rules. LGBTQ couples could eventually adopt foster children in states where they have legal rights to do so.

Donor arrangements

Egg or sperm donation or both is a good option for LGBTQ couples. It’s loosely regulated and often anonymous; for instance, if a lesbian couple wishes to use donor sperm, they can go to their local sperm bank and choose an anonymous donor. On the other hand, having a known person donate may be complex in the event that he later decides he wants parental rights. However, legal contracts are valuable tools that legally explain each party’s rights.


Surrogacy with a gestational carrier is legal in many states, but a few have restrictions that don’t allow compensation for surrogates. Some states also refuse to allow LGBTQ couples to have a baby through surrogacy, so it’s best to stay in Illinois if you choose this route.

Fertility assistance

Fertility assistance options like in vitro fertilization (IVF) may be appropriate for lesbian couples or couples consisting of at least one transgender man. However, it’s usually reserved for infertility, which can cause it to be expensive as insurance may not cover it.

If you’re in an LGBTQ marriage or relationship and want a child, it’s crucial to explore all your options to determine which is legally best for creating your family.